Terms of Sales

Article 1: Definition

“AROMACARE” means a connected object in the field of aromatherapy. AROMACARE also refers to the smartphone application that the user downloads on their mobile phone. The application is developed and marketed by the company AROMA THERAPEUTICS, and works only and exclusively with the AROMACARE.

The company “AROMA THERAPEUTICS” specializes in clinical aromatherapy and the sale of connected products aromatherapy-related objects and accessories associated with the included services (maintenance and free update of the application “AROMACARE”, l access to an online personal account to track the follow-up of the orders in progress as well as the after-sales service)

“Site” means the AROMA THERAPEUTICS web platform for the sale and promotion of Products and Services accessible on www.aroma-care.com or www.aroma-care.fr

The “consumer” is a natural person acting outside of any professional activity to procure a good in order to satisfy his personal or family needs.

Article 2: Fields of application

These General Conditions of Sale “GTC” define the rights and obligations of the parties to the sales contract between the company AROMA THERAPEUTICS SAS, (publisher of the website www.aroma-care.com) registered in the trade and companies register under the number 78912692700019, whose registered office is located at Europarc Sainte Victoire Bât 6, route de Valbrillant, 13590 MEYREUIL, hereinafter referred to as “AROMA THERAPEUTICS”, owner of the trademark AROMA CARE and its consumers, falling within the legal category of consumers, concerning the terms and conditions the terms and conditions for the sale of Products and Services via the website.

These general conditions of sale concern all the products and services sold on the www. www.aroma-care.com, excluding the following goods: The application AROMACARE subject to the general conditions of use when setting the application.

These T & Cs apply without restriction or reservation to all sales of products and supplies of Services made by the company AROMA THERAPEUTICS on the website www.aromatherapeutics.fr and on the website www.aroma-care.com or www. aroma-care.fr.

The Consumer acknowledges having had perfect information concerning the Products and Services and in particular their essential characteristics and having been invited to consult the General Conditions of Sale. The consumer acknowledges having read and accepted without reservation the present GTC which prevails over any other document. Any order on the site www.aroma-care.com or www.aroma-care.fr means a full and unreserved acceptance of these Terms and Conditions.

The consumer acknowledges having read and accepted without reservation the present GTC which prevails over any other document.

The company AROMA THERAPEUTICS reserves the power of subsequent modifications of these GTCS, the applicable version being that in force on the date of final validation of the order by the customer.

Article 3 – Object

These terms and conditions govern the sales and define the rights and obligations of the parties to the sales contract between the company AROMA THERAPEUTICS SAS, registered in the register of commerce and companies of Aix en Provence under number 789126927 hereinafter referred to as “AROMA THERAPEUTICS” and his consumer.

Article 4 – Price

The prices of our products are indicated in euros all taxes included (VAT and other taxes applicable on the date of the order), unless otherwise indicated and excluding processing and shipping costs.

The shipping costs are indicated on the order form.

In case of order to a country other than metropolitan France, you are the importer of the products concerned. Customs duties or other local taxes or import duties or state taxes may be payable. These rights and sums are not the responsibility of the company AROMA THERAPEUTICS. They will be at your expense and are your sole responsibility, both in terms of declarations and payments to the competent authorities and bodies of your country. We advise you to inquire about these aspects with your local authorities.

All orders regardless of their origin are payable in euros.

The AROMA THERAPEUTICS company reserves the right to modify its prices at any time, but the product will be invoiced on the basis of the tariff in force at the time of the validation of the order and subject to availability.

No order will be processed or shipped until AROMA THERAPEUTICS has received the full price.

The products remain the property of the company AROMA THERAPEUTICS until full payment of the price.

Warning: as soon as you physically take possession of the products ordered, the risk of loss or damage to the products is transferred to you.

Article 5 – Orders

You can place an order on the Internet www.aroma-care.fr

Detail the chosen methods, for example

5.1 Ordering

Before any order, the consumer can take note of the technical characteristics of the Products and Services by consulting the sheets of presentation available on the site www.aroma-care.fr

By agreeing to create a personal account the consumer agrees to provide personal information for purposes of order management and delivery of products and services.

When placing an order, the consumer must ensure that the product ordered on www.aroma-care.fr does indeed meet its user expectations.

Once the validation of order has been made, the button “buy” has been clicked, the consumer has access to a summary of the latter allowing him to check the accuracy of the control elements and also giving him the possibility to modify certain information if necessary before confirming your entire order by clicking on the “validate” button.

The final confirmation of the order by the consumer is a firm and definitive commitment to acquire the Products and Services concerned.

The order is deemed final when it has been confirmed expressly by the company AROMA THERAPEUTICS by mail (mail including confirmation of the order, acceptance of payment and delivery time), and the sale of Products and Services will only be noticed after the payment of the corresponding price by the consumer.

The contractual information is presented in French and will be confirmed at the latest at the time of validation of your order.

The company AROMA THERAPEUTICS reserves the right not to register a payment, and not to confirm an order for any reason whatsoever, especially in case of supply problem, or in case of difficulty concerning the order received.

In accordance with the provisions of Article L.121-11 of the Consumer Code, AROMA THERAPEUTICS has the right to refuse any order for legitimate reasons, in particular in case of payment problem, foreseeable difficulty with respect to delivery, order abnormal or passed in bad faith.

Article 5.2: Change of order

Any order confirmed and signed by the Customer constitutes a firm and final sale. Any modification of order requested by the Customer can only be taken into consideration if it has been received in writing or by telephone as soon as possible and expressly accepted by AROMA THERAPEUTICS.

In case of acceptance of the modification of the order by AROMA THERAPEUTICS, additional costs may be applied and this to cover the costs of cancellation of the order and / or any costs related to the modification procedure.

Any modification of an order may result in a delay in the delivery of the Product and / or Service and a change in the selling price.

Article 5.3: Conditions specific to Subscription

As part of the Box Aroma, the customer can subscribe to capsule subscriptions to automatically receive capsules every month. The duration is automatically set by Aroma Therapeutics. The subscriptions are monthly, so customers receive at the beginning of each month their subscription, order received between the 1st and the 15th of each month.

Article 5.3.1: Subscription with commitment

Aroma Therapeutics offers to benefit from its AromaCare broadcaster at € 49 if the customer opts for a subscription of 3 capsules per month with a commitment of 6 months.

The Customer having subscribed to this offer can not ask for the cancellation except for the following reasons:

• absence of the territory covered by the Subscription for a period of more than three (3) months from notification to the Company by e-mail to contact@aromatherapeutics.fr upon presentation of valid proof;

• relocation to a territory not served by the Company’s deliveries and after notification to the Company by email at contact@aromatherapeutics.fr upon presentation of valid proof.

Article 5.3.2: Non-binding subscription

The Customer who has subscribed to an unlimited subscription (offer without AromaCare discounted) may terminate his subscription at any time and at least five (5) days before the scheduled delivery date, by email to the address contact @ aromatherapeutics .com.

Article 5.3.3: Modification of subscriptions

The Customer having subscribed a Subscription (any type), can at any time, and at least five (5) days before the date of delivery, modify its capsules, by sending an e-mail to the address contact @ aromatherapeutics .com.

Article 6 – Validation of your order

Any order appearing on the website www.aroma-care.fr supposes the adhesion to the present General Conditions. Any confirmation of order implies your full and complete adhesion to the present general conditions of sale, without exception or reserve.

All data provided and the recorded confirmation will be worth proof of the transaction.

You declare to have perfect knowledge.

The order confirmation will be worth signing and acceptance of the operations carried out.

Article 7 – Payment

Payment by credit card via STRIPE system

The fact of validating your order implies for you the obligation to pay the indicated price.

The payment of your purchases is made by bank card thanks to the secure system Carte Bleue STRIPE (more information on https://stripe.com/spukl/legal).

The debit of the card is made at the time of the order.

The payment of a Subscription is made by automatic debit on the credit card registered by the Customer on the day of the placing of the Order then every month during the duration of the subscription.

Payment by credit card via PAYPAL system

Payment of purchases can also be made using Paypal system (more information on https://www.paypal.com/webapps/mpp/ua/useragreement-full).

AROMA THERAPEUTICS can not be held responsible for possible malfunctions of online payment services (Paypal and Stripe). No tax or fees are charged to the customer via these payment systems.

Article 8 – Retraction

Pursuant to Article L.121-21 of the Consumer Code, you have a 14-day withdrawal period from receipt of your products to exercise your right of withdrawal without any reasons or to pay penalty.

To apply the right of withdrawal the consumer must send a clear and unambiguous statement, by registered AROMA THERAPEUTICS Europarc Sainte Victoire Bldg 6, 13590 Valbrillant MEYREUIL drive.

Returns are to be made in their original condition and complete (packaging, accessories, instructions). In this context, your responsibility is engaged. Any damage to the product on this occasion may be such as to defeat the right of withdrawal.

In case of problems with your AROMACARE, contact the company AROMA THERAPEUTICS on www.aroma-care.fr so that our teams can understand how to solve the technical problem. The company will carry out a standard exchange of the AROMACARE if the technical problem is proven and will take care of the shipping costs of the new AROMACARE.

In case of exercising the right of withdrawal, the company AROMA THERAPEUTICS will refund the sums paid excluding shipping costs, within 14 days of the notification of your application and via the same means of payment used in the command. The customer acknowledges that he has the exclusive responsibility for the cost of returning the product and agrees to keep the proof of shipment of the package.

As part of the exercise of the right of withdrawal, the consumer acknowledges that he has the exclusive responsibility for the return costs of the product and agrees to keep the proof of shipment of the package.

AROMA THERAPEUTICS reimburses using the same payment method used by the Customer when ordering

Any returned product that is incomplete, damaged, worn or dirty will not be returned and therefore not reimbursed by AROMA THERAPEUTICS.

EXCEPTIONS TO THE RIGHT OF WITHDRAWAL

In accordance with the provisions of Article L.121-21-8 of the Consumer Code, the right of withdrawal does not apply to:

The provision of services fully performed before the end of the withdrawal period and the execution of which has begun after the express prior consent of the consumer and express waiver of his right of withdrawal.
The supply of goods or services whose price depends on fluctuations in the financial market beyond the control of the professional and likely to occur during the withdrawal period.
The supply of goods made to the consumer’s specifications or clearly personalized.
The supply of goods that may deteriorate or expire quickly.
The supply of goods that have been unsealed by the consumer after delivery and that can not be returned for reasons of hygiene or health protection.
The supply of goods which, after being delivered and by their nature, are inseparably mixed with other articles;
The supply of alcoholic beverages whose delivery is deferred beyond thirty days and whose value agreed at the conclusion of the contract depends on fluctuations in the market beyond the control of the professional.
The supply of audio or video recordings or computer software where they have been unsealed by the consumer after delivery.
The supply of a newspaper, periodical or magazine, except for subscription contracts to these publications.
Transactions concluded at a public auction.
The supply of digital content that is not provided on a physical medium whose performance has begun after the express prior consent of the consumer and expressly waives its right of withdrawal.

Article 9- Availability

AROMA THERAPEUTICS company products are offered as long as they are visible on the website www.aroma-care.fr and within the limits of available stocks. For non-stocked products, our offers are valid subject to availability at our manufacturer.

In case of unavailability of product after placing the order, the consumer will be informed by email. The consumer will be able to cancel the order completely or partially, the bank will be returned to the consumer via his credit card number.

In case of shortage, AROMA THERAPEUTICS will respond to orders according to their order of arrival and to the extent of its availability.

Article 10: Legal guarantees

AROMA THERAPEUTICS offers quality products and services, free from defects and in accordance with the purchase contract. If certain faults however go beyond the various quality controls of the AROMA THERAPEUTICS services, the customer benefits from a legal guarantee of conformity and a legal guarantee of 2 years against hidden defects of the product.

10.1 Legal guarantee of conformity

In accordance with Article L.217-5 of the Consumer Code, the Product complies with:

“(1) If it is fit for the customary use of a similar good and, where applicable:

– if it corresponds to the description given by the seller and possesses the qualities that he has presented to the buyer in the form of a sample or a model;

– if it has the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, particularly in advertising or labeling.

2 ° or if it has the characteristics defined by mutual agreement by the parties or be suitable for any special use sought by the buyer, made known to the seller and that the latter has accepted “.

The Customer has a period of twenty-four (24) months from the delivery of the Product to act on this basis, and may choose between the repair or replacement of the Product, subject to the cost conditions provided for in Article L. 217-9 of the Consumer Code.

10.2 Legal warranty against hidden defects

Under article 1641 of the Civil Code: “The seller is bound by the guarantee for reasons of hidden defects of the thing sold which render it unsuitable for the use for which it is intended, or which diminish so much this use that the buyer would not have acquired it, or would have given a lower price, had he known them.

The Customer has a period of twenty-four (24) months from the discovery of the defect to act on this basis, and can choose between the cancellation of the order or a reduction of the price in accordance with Article 1644 of the civil Code.

10.3 Procedure and procedures for performing legal warranties

The conformity of the Products (condition, absence of defects, quantity, etc.) must be verified by the consumer upon receipt.

For any request of return within the framework of the implementation of the legal guarantee, the consumer will imperatively have to inform the company AROMA THERAPEUTICS within a maximum period of 7 days after the reception of the ordered product, by mail on contact@aromatherapeutics.fr; the e-mail must include the information needed to process the file: exact contact details, order number and description of the problem encountered.

The products must be returned to us in the state in which the consumer has received them with all the elements (accessories, packaging, instructions …). The shipping costs will be refunded on the basis of the invoiced rate and the return costs will be reimbursed upon presentation of receipts.

Article 11 – Delivery

The products are delivered to the delivery address indicated by the consumer during the ordering process, within the time indicated on the order confirmation page.

The delivery time given by the company AROMA THERAPEUTICS is a strictly indicative deadline, The responsibility of AROMA THERAPEUTICS can be committed only if the delay exceeds 2 months. AROMA THERAPEUTICS reserves the right to cancel orders, without compensation, if a case of force majeure prevents its normal execution.

The events of strike, shortage of transport, fire, flood, damage of equipment, riots, war, epidemic, accident, either at AROMA THERAPEUTICS, or at one of its suppliers will be considered as cases of force majeure, even if they do not are only partial, and whatever the cause. This list is not exhaustive.

In case of delay of shipment, an email will be sent to inform you of a possible consequence on the delivery time which has been indicated to you.

In accordance with the legal provisions, in case of late delivery, the consumer has the opportunity to cancel his order under the terms and conditions set out in Article L 138-2 of the Consumer Code. If in the meantime the consumer received the product the company AROMA THERAPEUTICS would proceed to its reimbursement and shipping costs under the conditions of Article L 138-3 of the Consumer Code.

AROMA THERAPEUTICS makes every effort to ensure that the shipping and transport procedures are carried out in the best conditions and in the shortest possible time.

Upon delivery by the carrier, the company AROMA THERAPEUTICS can not be held responsible for late delivery due exclusively to the unavailability of the customer after several proposals for appointments.

Delivery charges are the responsibility of the consumer and are added to the price of the order (using a promotional note exempting these costs). They are calculated according to the dimensions, the weight and the place of delivery.

11.1 Geographical area

Products and services are offered and deliverable in the following geographical area: Metropolitan France and Overseas France, Europe.

Article 12 – Guarantee

All our products benefit from the legal guarantee of conformity and the guarantee of hidden defects, provided for by articles 1641 and following of the Civil Code. In case of non-compliance of a product sold, it may be returned, exchanged or refunded.

All claims, requests for exchange or refund must be made by www.aroma-care.fr within 30 days of delivery.

The products must be returned to us in the state in which you received them with all the elements (accessories, packaging, instructions …). The shipping costs will be refunded on the basis of the invoiced rate and the return costs will be refunded upon presentation of receipts.

The provisions of this Article do not prevent you from benefiting from the right of withdrawal provided for in Article 6.

Article 13 – Liability

The proposed products comply with the French legislation in force. The responsibility of the company AROMA THERAPEUTICSn could be engaged in case of non-compliance with the legislation of the country where the product is delivered. It is up to the consumer to check with the local authorities the possibilities of importing or using the products or services that you intend to order.

The responsibility of the company AROMA THERAPEUTICS can not be held liable for any inconvenience or damage inherent to the use of the Internet, including a break in service, external intrusion or the presence of computer viruses, and more generally any risks associated with connection and data transmission over the Internet.

AROMA THERAPEUTICS is not liable for damages for personal injury, damage to property separate from the Products sold, loss of profits or any other damage arising directly or indirectly from defects or use of the Products.

The company AROMA THERAPEUTICS can not be held liable for damages resulting from misuse of the product purchased by the consumer himself or by a third party. Similarly, the responsibility of AROMA THERAPEUTICS does not extend to the use and the consequences of the use that the Customer or a Third Party will make of the Products, Services and accessories delivered.

The company AROMA THERAPEUTICS can not be held responsible for errors of seizure by the consumer on the website www.aroma-care.fr.

AROMA THERAPEUTICS is not liable for consequential, incidental, special, consequential or punitive damages or any loss of profits or income, whether directly or indirectly caused, or any loss of data or other irretrievable losses, resulting from the access or use or inability to access or use the Products as well as unauthorized access, use or modification of the transmissions or contents.

AROMA THERAPEUTICS is not held responsible for the delay in the execution or the non-performance of its obligations when the delay or the non-performance is attributable to an event of force majeure, as defined in article 1218 of the Civil Code ( former article 1148 of the Civil Code)

Upon delivery of the ordered products, AROMA THERAPEUTICS assumes only the responsibility related to the items claim and privacy. In no event shall the responsibility of AROMA THERAPEUTICS be able, for any cause of damage, to exceed the price of the Products and Services concerned for all claims related thereto.

Failure by the Customer to respect the Terms and Conditions will result in the right of AROMA THERAPEUTICS to suspend, suspend or cancel access to the Client’s personal account, without prejudice to the right to any damages to which AROMA THERAPEUTICS could claim .

AROMA THERAPEUTICS reserves the right to discontinue, in whole or in part, at any time, the marketing of Products and Services, informing the Customer by any means. The cessation of marketing will in no case give rise to compensation or any compensation to the benefit of the Customer.

Article 14 – Applicable law in case of disputes

The language of this contract is French. These conditions of sale are subject to French law. In case of dispute, the French courts will be the only competent.

The wish of the company AROMA THERAPEUTICS is to resolve disputes amicably between it and the consumer. If no agreement can be reached, the consumer may resort to a mediation convention convention procedure or to a competent court.

Article 15 – Intellectual Property

All elements of the site www.aroma-care.fr are and remain the intellectual and exclusive property of the company AROMA THERAPEUTICS. No one is authorized to reproduce, exploit, rebroadcast, or use for any purpose whatsoever, even partially, elements of the site that are software, visual or sound. Any simple link or hypertext is strictly prohibited without the express written agreement of the company AROMA THERAPEUTICS.

Article 16 – Personal data

AROMA THERAPEUTICS reserves the right to collect personal information and personal data about the consumer. They are necessary for the management of orders, as well as the improvement of services and information to be sent to consumers.

They can also be forwarded to companies that contribute to these relationships, such as those responsible for the execution of services and orders for their management, execution, processing and payment. This data can also be used by a provider of the company AROMA THERAPEUTICS to establish statistics to improve its site, goods and services offered.

This information and data is also kept for security purposes, in order to comply with legal and regulatory requirements.

In accordance with the law of January 6, 1978, you have a right of access, rectification and opposition to personal information and personal data about you, directly on the website.

By agreeing to create a personal account the consumer agrees to provide personal information for purposes of order management and delivery of products and services.

The collection and processing of Personal Data, made when the consumer uses the Services, are made in accordance with the law 78-17 of January 6, 1978 relating to computers, files and freedoms, called ‘Computers and Freedom’.

The consumer’s data is processed by the company AROMA THERAPEUTICS for the management of its customer file which leads to the management of the pre-contractual and contractual relations of the latter. AROMA THERAPEUTICS reserves the right to carry out a commercial prospection on the basis of these data.

In accordance with the law “Informatique et Libertés” of January 6, 1978, the consumer has a right of access, rectification, modification and deletion concerning the personal data concerning him.

To exercise this right, simply send your request by mail to AROMA THERAPEUTICS located Europarc Sainte Victoire Bât 6, route de Valbrillant, 13590 MEYREUIL or by e-mail contact@aromatherapeutics.fr

Article 17 Cookies

AROMA THERAPEUTICS reserves the right to use cookies: it is a computer file, stored on the hard disk of the consumer’s computer. It allows to recognize the Customer, report a previous visit, gather information on the site visit (connection time, pages visited etc.).

Cookies may be stored on the Customer’s computer for up to twelve (12) months and may be read and used by AROMA THERAPEUTICS during a subsequent visit by the consumer to the Site.

The consumer has the right to oppose the registration of cookies by configuring his computer for this purpose. The backup of cookies is different depending on the browser used by the Client. When the consumer deletes cookies on the website www.aroma-care.com or www.aroma-care.fr he must re-enter the information that concerns him.

ARTICLE 18: Intellectual Property

The consumer acknowledges that the content of the Site, Products and Services, texts, photographs, illustrations, design, videos, software, databases, sounds, graphics, logos, or any information or support presented by AROMA THERAPEUTICS are protected by copyright, trademark and patent rights and other intellectual property rights.

Any use, reproduction or extraction not expressly authorized by AROMA THERAPEUTICS under the terms herein is unlawful, in accordance with Article L.122-6 of the French Intellectual Property Code.

Article 19 – Archiving

The AROMA THERAPEUTICS company will archive the purchase orders and the invoices on a reliable and durable support constituting a faithful copy in accordance with the provisions of article 1348 of the Civil Code.

The computerized registers of the company AROMA THERAPEUTICS will be considered by all parties concerned as proof of communications, orders, payments and transactions between the parties.

ARTICLE 20: ASSIGNMENT

The General Conditions of Sale and the rights granted hereunder may not be transferred or assigned by the consumer, but may be assigned by AROMA THERAPEUTICS without restriction. Any attempt to transfer or assign in violation of these presents will be null and void.

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